-Caveat Lector- WJPBR Email News List [EMAIL PROTECTED] Peace at any cost is a Prelude to War! Court hands victory to property owners By Warren Richey ([EMAIL PROTECTED]) Staff writer of The Christian Science Monitor WASHINGTON ANTHONY PALAZZOLO: The landowner argued his rights were violated by environmental laws that kept him from developing. STEW MILNE/AP/FILE In a major victory for private-property owners nationwide, the US Supreme Court has dramatically expanded the ability to receive government compensation when regulations impact the value or use of land. In an important 6-to-3 ruling on Thursday, the nation's highest court overturned a decision by the Rhode Island Supreme Court that blocked an attempt by the owner of 18 acres of oceanside wetlands in Westerly, R.I., who was trying to sue the state government under the Fifth Amendment's takings clause. The clause says that the government shall not take private property for public use without offering just compensation. The decision is expected to have broad ramifications for environmental and other land-use regulations. It marks the most explicit statement yet by the high court that even property owners who purchased land after regulations take effect may file suit for compensation. "A state would be allowed, in effect, to put an expiration date on the takings clause. This ought not be the rule," writes Justice Anthony Kennedy for the majority. "Future generations, too, have a right to challenge unreasonable limitations on the use and value of land." At issue was whether a developer could file suit under the takings clause for marshland he'd been trying to develop since 1959. Rhode Island had argued that since he became legal owner after the regulations took effect, he had fair notice the property's value was diminished. Both a state court and the Rhode Island Supreme Court agreed. Yesterday's decision does not mean he will win compensation. The lost value of his property will be determined by state courts in Rhode Island. *COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment to those who have expressed a prior interest in receiving the included information for nonprofit research and educational purposes only.[Ref. http://www.law.cornell.edu/uscode/17/107.shtml ] Want to be on our lists? Write at [EMAIL PROTECTED] for a menu of our lists! <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html";>Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/";>ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
